Inda v. United Air Lines, Inc.

83 F.R.D. 1
CourtDistrict Court, N.D. California
DecidedMay 21, 1979
DocketNo. C-72-1890 SW
StatusPublished
Cited by11 cases

This text of 83 F.R.D. 1 (Inda v. United Air Lines, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Inda v. United Air Lines, Inc., 83 F.R.D. 1 (N.D. Cal. 1979).

Opinion

ON BACK PAY AND SENIORITY

SPENCER WILLIAMS, District Judge.

In Inda v. United Air Lines, Inc., 565 F.2d 554, 562 (9th Cir. 1977), cert. denied, 435 U.S. 1007, 98 S.Ct. 1877, 56 L.Ed.2d 388 (1978), the Ninth Circuit ruled “[t]he judgment in Moritz’s favor should be modified to award back pay to the November 14, 1968, violation and adjust seniority accordingly.” The basis for the Circuit Court’s ruling was its determination that: (1) Mor-itz’s entitlement to relief on account of her resignation on March 5, 1968 in compliance with United’s illegal no-marriage rule had become time barred by her failure to file a charge of employment discrimination with the Equal Employment Opportunity Commission (“EEOC”) within the statutory time period, and (2) United’s failure to reemploy Moritz on November 14, 1968 was an independent violation of Title VII for which Moritz did file a timely charge with the EEOC and on account of which she is entitled to appropriate relief.

This court originally awarded plaintiff Moritz back pay from the date of her resignation in March of 1968. The parties are in agreement that under the holding of the Court of Appeals the back pay award for 1968 must be reduced from $5,052.00 to $986.70. In addition, an appropriate downward adjustment of the prejudgment interest award must be made. No computations ‘have been submitted, but the parties should have no difficulty in agreeing on what the adjusted prejudgment interest award should be.

The Ninth Circuit has instructed this court “to adjust seniority to conform with re-employment as of [November 14, 1968],” Inda, 565 F.2d at 563, but the parties are not in agreement concerning the meaning of this instruction. United argues that Moritz’s seniority date must be set at the date on which United wrongfully refused to reemploy her, /. e., November 14, 1968. Plaintiff Moritz, however, contends the Ninth Circuit’s instruction cannot be read so simplistically. She argues that equitable considerations, provisions of her employment contract concerning seniority, and other Title VII cases awarding retroactive seniority all support the awarding of seniority in this case to the date she was originally hired, or, in the alternative, to the date [5]*5she was originally hired but minus the time period between the date of her resignation and the date she was denied reemployment. Moritz focuses on those portions of the Ninth Circuit’s Inda opinion which concern the representations United made to induce her to resign in compliance with the no-marriage rule, see Inda, 565 F.2d at 561-62, and she asserts that Inda requires she be treated no worse than cabin attendants who had to be fired because they would not voluntarily disclose their marital status and resign, but who were subsequently reinstated with full seniority when United revised its policy in November, 1968.

While Moritz’s position is supported by somewhat persuasive arguments, it appears nevertheless to be contrary to a plain reading of the Court of Appeals’ instructions to this court. The Court of Appeals ruled that appropriate relief in this case must be directed only to the violation represented by United’s failure to reemploy Moritz, “rather than to the earlier time-barred violation” represented by her resignation. 565 F.2d at 562. This position is consistent with the ruling of the Supreme Court in United Air Lines, Inc, v. Evans, 431 U.S. 553, 558, 97 S.Ct. 1885, 1889, 52 L.Ed.2d 571 (1977), in which it was held that “United was entitled to treat [respondent’s resignation in compliance with the no-marriage rule] as lawful after respondent failed to file a charge of discrimination within” the statutory time period. It follows that in the present case seniority may be awarded only from the date of United’s unlawful refusal to reemploy Moritz, that being the only violation of Title VII which she made the subject of a timely EEOC charge.

Accordingly, IT IS HEREBY ORDERED that plaintiff Moritz’s back pay award and seniority will be measured from November 14, 1968. This requires that her back pay award for 1968 be reduced from $5,052.00 to $986.70. The parties shall submit to the court within thirty days an exact figure for prejudgment interest due on the entire back pay award as recomputed to take into account this reduction in the amount of back pay allowed.

ON CLASS CERTIFICATION

This , action is brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, to redress alleged sex discrimination in employment practiced by defendant United Air Lines (hereinafter referred to as “United”) in the effectuation and operation of its “no-marriage” rule.1 Plaintiffs seek injunctive relief, back wages and restoration of lost benefits, and reinstatement with full seniority and benefits.

On April 8,1974, this court denied a Rule 23 motion made by plaintiffs for a preliminary determination that this action could be maintained as a class action. Following a court trial on the individual plaintiffs’ claims, the ruling against maintenance of this action as a class action was appealed to the Ninth Circuit. In Inda v. United Air Lines, Inc., 565 F.2d 554 (9th Cir. 1977), cert. denied, 435 U.S. 1007, 98 S.Ct. 1877, 56 L.Ed.2d 388 (1978), the court of appeals remanded the case in order for this court to make appropriate findings on the class action issue in light of Price v. Lucky Stores, Inc., 501 F.2d 1177, 1179 (9th Cir. 1974). The circuit court also stated that a reconsideration of the class action ruling was within this court’s discretion on remand.2

[6]*6I.

CLASS OVERLAP

Plaintiffs have renewed their motion that this action be permitted to proceed as a class action, changing the proposed class definition to include:

All former flight cabin attendants of United Air Lines who resigned from their positions as flight cabin attendants in anticipation of marriage between July 2, 1965 and November 7, 1968 in compliance with United Air Lines’ no-marriage rule.3.

After reviewing the newly submitted briefs and the related cases pending in other districts, and after hearing oral argument, it is apparent that this action should be maintained as a class action, although, at least at this time, only on behalf of a more limited class than plaintiffs propose. However, the court has been informed that the district court in a related action, captioned Roma-santa v. United Air Lines, Inc., No. 70-C-1157 (N.D.I11. Filed 1970), has now approved maintenance of a class action on behalf of:

All women who were employed by defendant United Air Lines Inc. as stewardesses or flight attendants and who, because of said defendant’s no-marriage policy resigned or were terminated between October 27, 1965 and November 7, 1968.

The class which is litigating in the Northern District of Illinois appears to be entirely inclusive of the class which this court is prepared to approve here.4 Moreover, the Illinois action appears to raise factual and legal issues identical to those at issue in the present action.

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Bluebook (online)
83 F.R.D. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inda-v-united-air-lines-inc-cand-1979.